Rent and Eviction -- Sub tenancy - Possession of person other than the tenant alongwith the tenant - Cannot be presumed as proof of sub tenancy - Unless the tenant had actually lost possession of the whole or any other part of the building to some other person exclusively a case of subletting cannot be inferred...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(ii) -- Tenanted building became unfit and unsafe for human habitation - Tenant himself got the building repaired - Held, right of landlord to get demised building on ground of having become unfit and unsafe for human habitation would not be lost...........
Insurance claim -- Surveyor report - Surveyor has not recorded a categorical finding that the loss was due to the excessive load rather he has used 'might have happened' which is in the realm of conjectures, probability, guesswork or uncertainty - The evidence of the Surveyor cannot be accepted as a conclusive evidence to show that the tank in question was either made of..........
Insurance Claim -- Money insurance policy - Exclusion clause - Repudiation - Burglary - The proposal itself did not refer to any strong room at all - It stipulated that the case, to be covered by the insurance policy, would be kept in a Godrej safe of a specific model of specific dimensions embedded in a wall - Cash was kept in a steel trunk at the time of burglary which..........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Substitution of applicant in place of plaintiff - Suit for partition - After passing of preliminary decree, parties have lingered case and have shown least interest for partition of suit property by metes and bounds or by other mode - Plaintiff does not seem to be interested in having separate physical possession of his..........
Indian Penal Code, 1860, Section 325, Probation of Offenders Act, 1958, Section 3, 4 -- Hurt - Release on probation - Due to a rash act on part of petitioner `P', an old woman of the age of 70-80 years had lost her life due to beatings given to her by petitioner - Held, she does not deserve any leniency - Both courts below have rightly held that benefit of the provisions..........
Prevention of Food Adulteration Act, 1954, Section 13(2), 16, 7 -- Leave to appeal against order of acquittal - Prosecution's case that sample of buffalo Milk' was found `adulterated' - Complaint filed in Court of Metropolitan Magistrate against respondent/accused after about 10 months of lifting sample of buffalo milk from appellant - Local Health Authority alleged to..........
Housing -- Construction of house stopped by petitioners twice though site plan was approved by it and there was no fault on the part of respondent - complainant - The construction delayed for over one year - Award of an amount of Rs. 1,13,476/ - by the District Forum based on evidence on record which included Rs. 50,000/ - due to escalation, Rs. 25,000/ - as compensation..........
Consumer Protection Act, 1986, Section 2(1)(g), Post Office Act, 1898, Section 6 -- Post Office Guide Part II, Clause 107(C) - Registered envelope - Containing foreign currency Demand Draft not reached destination in United Kingdom sent for his son's education by complainant - The complainant had to run from pillar to post in making alternate arrangement - The Postal..........
Trade and Merchandise Marks Act, 1958, Section 46(1)(b) -- Removal from register and imposition of limitations on ground of non-use - Interpretation of the words `for the time being' - Two interpretations to the term: firstly, said words would denote non-use of the trade mark in relation to the goods by the appellant for a period of five years or longer; and secondly, mark..........
